CHALLENGING EB-1A DENIALS
A denial isn't the end of your immigration options.
In certain cases, litigation in federal court offers an independent review of USCIS's decision. We provide a careful evaluation of your EB-1A denial and help determine the approach that gives you the best path forward.
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CHALLENGING EB-1A DENIALS
A denial does not mean the end of your immigration options
In certain cases, litigation in federal court offers an independent review of USCIS's decision. We provide a careful evaluation of your case and help determine the approach that gives you the best path forward.
By submitting this form, I agree to receive communications from Colombo & Hurd, including updates, promotions, and special offers. I can unsubscribe anytime, and my information will be handled as outlined in the Privacy Policy.
20+ Years
of focused U.S.
immigration practice
10,000+
Green cards obtained for our clients
100+ Countries
Represented
across our client base
AV® Preeminent Rated
Highest distinction for legal ability and ethics
20+ Years
of focused U.S. immigration practice
10,000+
Green cards obtained for our clients
100+ Countries
Represented across our client base
AV® Preeminent Rated
Highest distinction for legal ability and ethics
Is Your Denial Worth a Closer Look?
Not every EB-1A denial can be challenged, but many are worth a second look. Scrutiny in this category has increased, with USCIS issuing more Requests for Evidence and Notices of Intent to Deny and applying a more detailed final merits analysis of whether a petitioner's work meaningfully advanced their field.
An independent review is worth pursuing if your denial involved:
Important evidence that USCIS
did not address
A narrow characterization of your achievements or their significance
Evidence of your influence or contributions considered in isolation rather than as a whole
Conclusions that were not clearly connected to the evidence in the record
Is Your Denial Worth a Closer Look?
Not every EB-1A denial can be challenged, but many are worth a second look. Scrutiny in this category has increased, with USCIS issuing more Requests for Evidence and Notices of Intent to Deny and applying a more detailed final merits analysis of whether a petitioner's work meaningfully advanced their field.
An independent review is worth pursuing if your denial involved:
Important evidence that USCIS
did not address
A narrow characterization of your achievements or their significance
Evidence of your influence or contributions considered in isolation rather than as a whole
Conclusions that were not clearly connected to the evidence in the record
Is Your Denial Worth a Closer Look?
Not every EB-1A denial can be challenged, but many are worth a second look. Scrutiny in this category has increased, with USCIS issuing more Requests for Evidence and Notices of Intent to Deny and applying a more detailed final merits analysis of whether a petitioner's work meaningfully advanced their field.
An independent review is worth pursuing if your denial involved:
Important evidence that USCIS
did not address
A narrow characterization of your achievements or their significance
Evidence of your influence or contributions considered in isolation rather than as a whole
Conclusions that were not clearly connected to the evidence in the record
What Federal Court Review Does
Federal court doesn't re-decide your case or consider new evidence. Instead, a judge reviews the administrative record USCIS already had, asking whether the agency reached its decision correctly.
A federal judge reviews whether:
- The correct legal standard was applied
- The basis for the decision was adequately explained
- All relevant evidence was considered
- The decision was arbitrary, capricious, or otherwise inconsistent with applicable law
When the reasoning behind a denial doesn't hold up under that standard, federal court offers a meaningful path forward.
What Federal Court Review Does
Federal court doesn't re-decide your case or consider new evidence. Instead, a judge reviews the administrative record USCIS already had, asking whether the agency reached its decision correctly.
A federal judge reviews whether:
- The correct legal standard was applied
- The basis for the decision was adequately explained
- All relevant evidence was considered
- The decision was arbitrary, capricious, or otherwise inconsistent with applicable law
When the reasoning behind a denial doesn't hold up under that standard, federal court offers a meaningful path forward.
The Advantage of a Team of Former DOJ Litigators
Our Federal Immigration Litigation Practice is led by attorneys who spent years inside the Department of Justice, shaping how the federal government approaches immigration litigation before turning that experience toward representing petitioners.
Sarah Wilson
PARTNER AND FEDERAL IMMIGRATION LITIGATION PRACTICE LEADER
Former Assistant Director, DOJ Office of Immigration Litigation, and Acting Deputy Assistant Attorney General, overseeing immigration cases nationwide and helping shape the federal government's litigation strategy in this area.
David Kim
SENIOR LITIGATION COUNSEL
Former Acting Assistant Director, DOJ Civil Division, with over a decade of experience litigating constitutional and regulatory challenges against federal agencies, APA disputes, and federal appellate litigation across multiple circuits.
Patrick Glen
LITIGATION COUNSEL
Former DOJ appellate litigator with twenty years of experience, including seven merits cases argued before the U.S. Supreme Court and appearances before the Second, Third, Sixth, Ninth, and Eleventh Circuits.
The Advantage of a Team Built on Former DOJ Litigators
Our Federal Immigration Litigation Practice is led by attorneys who spent years inside the Department of Justice, shaping how the federal government approaches immigration litigation before turning that experience toward representing petitioners.
Sarah Wilson
PARTNER AND FEDERAL IMMIGRATION LITIGATION PRACTICE LEADER
Former Assistant Director, DOJ Office of Immigration Litigation, and Acting Deputy Assistant Attorney General, overseeing immigration cases nationwide and helping shape the federal government's litigation strategy in this area.
David Kim
SENIOR LITIGATION COUNSEL
Former Acting Assistant Director, DOJ Civil Division, with over a decade of experience litigating constitutional and regulatory challenges against federal agencies,
APA disputes, and federal appellate litigation across multiple circuits.
Patrick Glen
PARTNER AND FEDERAL IMMIGRATION LITIGATION PRACTICE LEADER
Former DOJ appellate litigator with twenty years of experience, including seven merits cases argued before the U.S. Supreme Court and appearances before the Second, Third, Sixth, Ninth, and Eleventh Circuits.
Why Clients Choose Colombo & Hurd
Decades of Combined DOJ Litigation Experience
Our attorneys bring decades of combined DOJ experience, including APA litigation, multi-circuit appeals, and Supreme Court arguments.
Direct Attorney Involvement in Every Case
Every denial is reviewed personally by one of our attorneys. We assess the specific evidence submitted, the reasoning in the decision, and whether it holds up under the APA standard, before recommending a next step.
Global Reach, Local Support
Our 500+ team members serve clients worldwide, with multilingual support that lets clients work with our team in the language they're most comfortable in.
Reputation for Excellence
An AV® rating from Martindale-Hubbell, the highest rating given, based on peer review by other attorneys, and an A+ rating from the Better Business Bureau.
Why Clients Choose Colombo & Hurd for Federal Litigation
Decades of Combined DOJ Litigation Experience
Our attorneys bring decades of combined DOJ experience, including APA litigation, multi-circuit appeals, and Supreme Court arguments.
Direct Attorney Involvement in Every Case
Every denial is reviewed personally by one of our attorneys. We assess the specific evidence submitted, the reasoning in the decision, and whether it holds up under the APA standard, before recommending a next step.
Global Reach, Local Support
Our 500+ team members serve clients worldwide, with multilingual support that lets clients work with our team
in the language they're most comfortable in.
Reputation for Excellence
An AV® rating from Martindale-Hubbell, the highest rating given, based on peer review by other attorneys, and an A+ rating from the Better Business Bureau.
Don’t Let a Denial Define Your Path Forward
If your EB-1A petition was denied, our team can review your decision and help you understand whether federal court is a viable option.
Don’t Let a Denial Define
Your Path Forward
If your EB-1A petition was denied, our team can review your decision and help you understand whether federal court is a viable option.
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© Copyright 2026. All rights reserved COLOMBO & HURD, PLCOLOMBO & HURD, PL
301 E. Pine St., Suite 450, Orlando, Florida 32801
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NOT GOOGLE/YOUTUBE: This site is not a part of the GOOGLE/YOUTUBE website or Alphabet Inc. Additionally, This site is NOT endorsed by GOOGLE in any way. GOOGLE is a trademark of ALPHABET, INC.